THEBACHA/FORT SMITH - Despite her guilty pleas to two criminal offences, a Fort Smith town councillor's position on council is not in jeopardy.

Sheila Sauteur-Chadwick: still eligible to be Fort Smith town councillor despite guilty pleas to two criminal charges. - NNSL file photo

Sheila Sauteur-Chadwick pleaded guilty to resisting arrest and having a blood/alcohol level exceeding 80 milligrams of alcohol in 100 millilitres of blood while in care and control of a motor vehicle in Hay River on Nov. 14 of last year.

The pleas were entered when Sauteur-Chadwick appeared in Hay River Territorial Court on Jan. 19.

David Kravitz, manager of community governance with the Department of Municipal and Community Affairs (MACA), said the guilty pleas do not make the councillor ineligible to sit on town council.

"The act is pretty clear – that is the Local Authorities Elections Act," he explained. "It does say that a person to be a councillor must maintain their eligibility to be a candidate. Part of being eligible to be a candidate means that they have not been convicted of an offence that carries a prison term of five years or more within the last three years."

Kravitz said his understanding is the offences Sauteur-Chadwick pleaded guilty to do not carry that kind of sentence.

"Whatever the court decides to do, even if they throw the maximum sentence at her, she would still be eligible to be on council," he said, adding the legislation applies both to candidates for council and those already elected.

Kravitz added that, if a person is convicted of an offence which carries a possible sentence of five years or more, he or she would be eligible to serve on council three years after the sentence in completed.

Fort Smith town council also set up a three-member committee before Christmas to look at Sauteur-Chadwick's eligibility after she was charged.

"There was some very specific criteria which would affect her eligibility to remain as a town councillor, but none of those had been violated by any of the charges involved in this instance," said Coun. Bernie Minute, adding MACA was consulted for advice.

Minute chaired the committee, which also included Coun. Claudette James and Coun. Brad Marta.

The committee also looked at whether Sauteur-Chadwick had violated any code of conduct.

It was determined she had not because she was not representing council at the time the charges were laid.

"This was something that happened in her private, personal life," Minute said.

The committee reported to council earlier this month.

The council process began after Coun. Chris Westwell wrote a letter to council, according to a policy and procedures manual, requesting information on what action council would be required to take, if any.

Westwell said he wrote the letter because he believed there had been a breach in a code of conduct and actions unbecoming of a town councillor.

"I know I can't make any specific demands on what actions, but I do believe that some form of action on our side of council would be appropriate," he said, adding that could include something like an apology from the councillor involved.

However, he said he left that up to council to determine.

Sauteur-Chadwick will be back in court in Hay River on March 16 for facts and sentencing.

The 40-year-old was elected to Fort Smith town council in 2009.

She declined to comment when contacted about her position on council.

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